Research On The Types Of Effectiveness Of Administrative Agreements And Examination Standards

In 2014,the newly revised Administrative Litigation Law incorporated some types of administrative agreement into the scope of administrative litigation,which made the administrative agreements cases justified in the application of administrative litigation mode.The Interpretation of the Application of the Administrative Procedure Law of the Supreme People's Court in 2018(hereinafter referred to as "the interpretation of the 2018 lawsuit")abolished the previous two judicial interpretation,but did not specific types of administrative agreements.It make the courts at all levels still face the problem of insufficient theoretical and legal rules when trying to dispute the validity of administrative agreements.The "criminal vacuum" of censorship standards has led to the situation in which judges have different standards in the trail of administrative agreements,which can easily lead to different judicial situations in different cases.The legislative identification criteria make the court have a logical confusion in the validity of the administrative agreement and the administrative agreement.In order to legally and fairly hear cases of administrative agreements and promote the rule of law government and the construction of government integrity,it is necessary to meticulously sort out the theory of administrative agreements.To clarify the nature and criteria of the administrative agreement,determine the subject matter of the administrative agreement,and determine the types of effectiveness of the administrative agreement is the primary issue in the court's trail of the validity of the administrative agreement.This paper takes the nature of the administrative agreement and the subject of the litigation as the starting point of the study,and combines the administrative trial cases,systematically discusses the examination requirements,constraints,and basis of the administrative agreement.Analyze and demonstrate the existing problems and put forward relevant insights.Based on the above research,this paper attempts to summarize the litigation target of the administrative agreement according to the plaintiff's litigation request,and provide theoretical support for the judge to rationalize the choice of judgment method through the legality,rationality and contractual review criteria.In addition to the introduction and conclusion,this article consists of the following five parts:The first part: Analysis of the nature and criteria of the administrative agreement.First,summarize the nature of the administrative agreement,and analyze the relationship between the nature of the agreement and the validity of the agreement.Secondly,it analyze the problems brought about by the definition of judicial interpretation.Finally,through comparative analysis with theory of civil procedure law,the paper analyzes the procedural targets,litigation targets,and litigation relations of administrative agreement cases.Emphasis is on the relationship between the subject matter of litigation,the relationship between litigation and the effectiveness of the agreement.The second part: Types of the administrative agreements.This section draws on the status of contract effectiveness in civil law to determine the type of effectiveness of an agreement in administrative law.From the perspective of civil contract norms,the types of effectiveness of administrative agreement cases are sorted out and analyzed,and judicial cases used to prove the existence of the types of administrative agreements.The third part: Review of the effectiveness of the administrative agreement.This part constructs the specific content of the administrative agreement from the five main elements of the administrative agreement,the meaning,the content,the procedure,and the form.The forth part: the factors that restrict the effectiveness of the administrative agreement.This section the situation change,preadministrative behaviors,and how the impact of the attachment on the effectiveness of the administrative agreement is explained.It is summarized that under the principle of major situation change,the parties are allowed to change or cancel the administrative agreement.Though the two?stage theory,the effect of the preadministrative behavior the effectiveness of the administrative agreement is determined according to the degree of illegality of the administrative action,and the change or termination of the administrative agreement is decided.The terms and conditions are only limited in time from beginning and the end of the effectiveness of the administrative agreement,and do not have the content of the entity itself.The five part: Standard and Judgment Methods for Reviewing the Effectiveness of Administrative Agreements.Starting from the administrative and contractual attributes of the administrative agreement,the review of the legality,,rationality,and contractual review criteria on the validity of the administrative agreement is discussed in detail.The basis of the civil law and the basis of administrative agreement law are clarified in terms of the basis of effectiveness.In the judgment method,according to the foregoing litigation object for the administrative agreement,the invalid judgment,the revocation judgment,the change judgmentconfirmation illegal judgment,the compensation and the compensation judgment are determined.